Trump announced that he intends to deploy the United States military along the Mexican border to guard it until his proposed wall is built:
(CNN) — President Donald Trump said Tuesday that he’s calling on the military to guard the US-Mexico border until his long-promised border wall is complete.
“I told Mexico, and I respect what they did, I said, look, your laws are very powerful, your laws are very strong. We have very bad laws for our border and we are going to be doing some things, I spoke with (Defense Secretary James) Mattis, we’re going to do some things militarily. Until we can have a wall and proper security, we’re going to be guarding our border with the military. That’s a big step,” he said during a luncheon with leaders of the Baltic states.
According to the Posse Comitatus Act, neither the Army nor the Air Force can be deployed to enforce laws within the United States without an act of Congress. The Department of the Navy has also created regulations that make the Navy and the Marines operate under the same rules.
However, does the Posse Comitatus Act matter this day and age? Congress has already granted the president the power to wage war without a congressional declaration of war, which is required under the United States Constitution. Since Congress has ceded that power, I see no reason to believe it won’t cede its powers granted by the Posse Comitatus Act. As an aside, if Trump does follow through with his plan, it may be the first time that the Third Amendment gets some love.
But all of this may be a moot point. There isn’t a strong correlation between what Trump says and what he does. He’ll say he’s going to do something one day then seemingly forget all about it the next day.